Virginia Law

Upon application filed with the clerk of the circuit court and payment of applicable clerk's fees, such clerk may issue an order authorizing one or more persons to celebrate the rites of marriage in the Commonwealth. Any person so authorized may be required to, before acting, enter into bond in the penalty of $500, with or without surety, as the clerk may direct. Any order made under this section may be rescinded at any time. No oath shall be required of a person authorized to celebrate the rites of marriage, nor shall such person be considered an officer of the Commonwealth by virtue of such authorization. The clerk of any circuit court shall be immune from any cause of action that arises from the issuance or rescinding of an order under this section, absent gross negligence or willful misconduct.

Any judge or justice of a court of record, any judge of a district court, any retired judge or justice of the Commonwealth, any active, senior, or retired federal judge or justice who is a resident of the Commonwealth, or any current or former (i) member of the General Assembly, (ii) Governor of Virginia, (iii) Lieutenant Governor of Virginia, (iv) Attorney General of Virginia, (v) Virginia member of the United States Senate or United States House of Representatives, or (vi) clerk of a circuit court of the Commonwealth who is a resident of the Commonwealth may celebrate the rites of marriage anywhere in the Commonwealth without the necessity of bond or order of authorization.

Code 1919, § 5080; 1938, c. 152; 1981, c. 295; 1981, Sp. Sess., c. 15; 1983, c. 64; 1985, c. 195; 1987, c. 149; 2003, c. 228; 2004, cc. 612, 680; 2012, c. 802; 2016, c. 611; 2021, Sp. Sess. I, c. 87; 2023, c. 789; 2024, cc. 412, 499; 2026, c. 437.